RANGAIAH S O SANNAPPA Vs. PATTANAIKA

JUDGEMENT

(1.) THE unfortunate plaintiff is the appellant. The suit for declaration of the title of the plaintiff over a land measuring 20 guntas in sy. No. 104/3 at Madanahalli village and for injunction against the defendant was decreed by the Tria Court, only in respect of 12 guntas and injunction also restricted only in respect of 12 guntas. The plaintiff therefore appealed and the First Appellate Court unfortunately not only dismissed the appeal, but also dismissed the suit itself, even in the absence of an appeal by the defendant. Certainly aggrieved by such odd procedure adopted by the First appellate Court, the plaintiff is before this Court, in this second appeal.

(2.) THE questions of law were raised concerning the dismissal of the suit by the First Appellate Court and non consideration of the evidence by the First Appellate Court.

(3.) THE plaintiff claimed the property on the basis of his possession and the Katha entry the plaintiff has raised four coconut trees, six young coconut plants, two mango trees and one neem tree. The trees are about 9 to 10 years old and the whole, property has been fenced all around. The defendant who is the owner of the property east of the plaintiff has been trying to remove the fence on the eastern side for the purpose of encroaching upon the plaintiff's land.